It's been a very busy news weekend (as usual these days), so we try to catch up with at least some of it, along with calls from listeners on today's BradCast. But, more importantly, we're already busy trying to save the next election from disaster, thanks to a move by folks on the right and left to make election results virtually impossible to be overseen and verified. [Audio link to today's show is posted below.]

States and counties all across the country are finally beginning to move to new "upgraded" voting systems. In many cases, however --- in both Republican and Democratic-leaning jurisdictions alike --- officials are now disastrously preparing to move to touchscreen computer Ballot Marking Devices (BMDs) which are even less verifiable, in many cases, than systems currently in use!

In Georgia, a commission impaneled by Republican Brian Kemp, champion vote suppressor as former Sec. of State and now Governor-elect, is deciding whether to move from the state's 100% unverifiable Diebold touchscreen Direct Recording Electronic (DRE) voting machines to similarly 100% unverifiable touchscreen BMDs made by ES&S before the next election. Here in Los Angeles County, the nation's largest voting jurisdiction, the Registrar-Recorder/County Clerk has already announced plans to move to such an unverifiable system before the 2020 Presidential election, while (incorrectly) claiming that it produces a "verifiable paper ballot". BMD systems do not.

Proponents argue that touchscreen BMDs, which print out a computer-marked and barcoded "paper ballot" summary card of the voters vote, produce a "verifiable" record of the cast ballot. But, as Professor RICHARD DEMILLO of Georgia Tech and Verified Voting explains today, based on his recently published study, many voters (about half) do not bother to verify their computer-printed ballot summary cards before casting them to be tallied by a separate computer scanner. Of those who do, the study finds, they only glance at them for an average of 3.9 seconds before depositing them into the scanner (and that was during an election with some 18 races on the ballot!)

"Half of them don't look at the ballots at all," DeMillo tells me. "Those that do, give it by and large a cursory reading that wouldn't allow them to check it in any meaningful way."

Moreover, DeMillo's study finds, based on observation and testing at polling places earlier this year, most voters are unable to accurately verify --- just seconds after leaving the polling place --- whether an unvoted list of the races they just voted in accurately represents the races on the ballot they just cast! DeMillo --- a longtime computer security expert who formerly served as Hewlett-Packard's chief technology officer --- argues, the only way to ensure that ballots actually reflect the will of the voter is to use HAND-MARKED paper ballots, whether they are counted by hand or optical-scan systems.

"These are all problems we've created for ourselves" with some help from the private voting system vendors, he argues. "The only reason we're having this discussion is that someone decided that having an expensive pen to mark a ballot is more important than the transparency of the election process itself. As soon as you get rid of the Ballot Marking Devices, the universe goes back to normal, mathematics works out, we can conduct auditable elections in a much more verifiable way."

When I ask this longtime computer technologist and cryptography expert the best, most verifiable way to cast ballots, he answes directly: "Hand-marked paper ballots." His answer echoes that of longtime Livermore National Lab computer scientist and voting systems expert Dr. David Jefferson, who argued the same point during my interview with him in October.

Also today: What the federal court's questionable ruling in Texas on Friday finding the Affordable Care Act (Obamacare) unconstitutional, does (and doesn't) mean for all of us in 2019. The federal HealthCare.gov exchange's open enrollment period for 2019 ended over the weekend, but several states which run their own Obamacare markets, such as CA, CT, D.C., NY, MA, MN and RI, continue open enrollment through January.

Then, a thought or two from our own Desi Doyen on the long-overdue weekend announcement of the resignation of Trump's corrupt Interior Department Secretary Ryan Zinke.

And, finally today, we open the phones to callers with thoughts on, among other things, whether voting in the U.S. should (or shouldn't be) be compulsory and whether voting is a "right" or "privilege". Don't miss that lively debate with callers and much more on today's BradCast!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

CLICK TO LISTEN OR DOWNLOAD SHOW!...

* * *While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!* * *

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Given many of the stories covered on today's BradCast, it's beginning to feel more and more each day like the GOP is a party in its death throes. Of course, rumors of that death have been greatly exaggerated in the past. [Audio link to show follows below]

Among the many stories covered on today's program...

• The stock market was closed today in observance of a national day of mourning declared for President George H.W. Bush, whose funeral ceremony was held on Wednesday at the National Cathedral in D.C. The market closures may prove to have been a good thing, given that the Dow plummeted some 800 points on Tuesday after it became clear that Donald Trump and his Administration had lied over the weekend regarding a deal with China to avoid more tariffs on Chinese imports. During a Twitter rant that helped send the markets plunging, Trump appeared to reveal once again that he has no idea what tariffs actually are. He seems to believe they involve foreign countries paying money to the U.S., rather than an actual tax on American consumers. Is it conceivable that he really does not understand this by now? Or is he just continuing to play his supporters for chumps? We discuss;

• In Georgia's runoff election for Secretary of State on Tuesday, Republican Brad Raffensperger has declared himself the winner over Democrat John Barrow, in a race that will have serious repercussions for the 2020 Presidential election in the trending-"blue" southern state, where voter suppression and 100% unverifiable touchscreen voting systems created havoc in the 2018 Gubernatorial race said to have been won by GOP Sec. of State Brian Kemp. Raffensperger has called for new 100% touchscreen systems that create unverifiable computer-marked/barcoded ballot summary cards. Barrow, who is waiting for late absentee ballots to actually be tallied, has called for the only system of voting that is actually verifiable by the public after an election: hand-marked paper ballots.

  At the same time, the state's largest newspaper, the Atlanta Journal Constitution, has finally noticed the wildly anomalous undervote rate from the November 6th general election in the Lt. Governor's race, as only seen in the unverifiable touchscreen results, not on the vote-by-mail paper absentee ballots. Last week, we discussed these concerns with plaintiff Marilyn Marks of the non-partisan Coalition for Good Governance. Two weeks ago, Marks filed an election lawsuit contesting the results of the Lt. Governor's race. She and other plaintiffs are seeking a first-of-its-kind post-election forensic audit of the state's voting systems in light of the seemingly inexplicable undervote numbers;

• But there was some good news from Tuesday's runoffs as well. In Little Rock, Arkansas, where, six decades after angry white mobs protested the integration of nine black students at the Little Rock Central High School in 1957, the town will now have its very first elected African-American mayor!;

• In North Carolina, new details continue to emerge from the intensifying GOP absentee ballot election fraud scandal which has prevented the certification of Republican Mark Harris' purported 905-vote "win" over Democrat Dan McCready in the 9th District U.S. House race. A second woman has now come forward to allege that she was paid to unlawfully collect absentee ballots by McCrae Dowless, a former felon contracted by Harris in Bladen Country and, as discussed today, by the Bladen County Sheriff Jim McVicker. The GOP Sheriff has deleted his campaign webpage on Facebook and refuses to comment after he was found to have paid thousands of dollars to Dowless along with Harris.

  A top Democrat in the U.S. House has now suggested that "Republican operatives stole" the House seat and cites the silence from the Trump Administration about it. "LOCK THEM UP," quipped new House Democratic Caucus chair Hakeem Jeffries (D-NY) on Tuesday. Rep. Seth Moulton (D-MA) has now called for a new election and, on Wednesday, he was joined in that call by the editorial board of The Charlotte Observer, the state's largest newspaper.

  (For my part, I'm just happy that at least some in the media reporting on this have finally noticed they were previously misreporting on it as a "voter fraud", rather than election fraud, scandal, even though voters are accused of having done nothing wrong here. In fact, they are the ones who appear to have been defrauded in this matter by GOP insiders! Happily, the Washington Post removed three references to "voter fraud" in one of their stories after my complaints last week.)

  All of that, even as Republicans in the state's legislature continue to jam through a polling place Photo ID voting restriction during the lame duck period before they lose their supermajority in the upcoming new session, along with their ability to override a veto from the state's Democratic Governor. The Photo ID measure, which they've been trying to adopt for years, claiming it necessary to prevent "voter fraud", did not, until today, apply to absentee voting --- where actual fraud clearly exists;

• Finally today, speaking of lame ducks, the GOP-gerrymandered and controlled state legislature in Wisconsin worked, literally, all night to jam through a bill aimed at stealing power from incoming Democratic Governor Tony Evers, incoming Democratic Attorney General Josh Kaul and from the state's voters who elected Democrats for every statewide office in November. Adopted by party line votes in both chambers as the sun rose today after another all-night session, Republicans hope GOP Gov. Scott Walker will sign the measure before leaving office after the first of the year. Walker, who was rejected by voters last month, has said he planned to do so.

  As we discussed on yesterday's program, the outrageous GOP power grab in WI mirrors a similar coup by the NC legislature in 2016 after a Democrat was elected as Governor in that state. Republican lawmakers in Michigan are also considering similarly desperate measures before Democrats take over as Governor and Sec. of State in that state next month. All in all, the desperate power grabs by GOPers around the country do not suggest a healthy party but, rather, one that may well be revealing its political death throes.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: Another U.S. House race flips (unexpectedly) from "red" to "blue" as California continues to bother to count ballots, and two lawsuits are filed in Georgia following the November 6th midterm elections, including one that seeks to overturn a major statewide race due to a seemingly inexplicable failure of the state's touchscreen voting machines. [Audio link to full posted at bottom of article.]

First up: Shortly after we got off air on Monday, AP and a host of other news outlets began retracting their previous calls for the incumbent Republican Rep. David Valadao in California's 21st Congressional District election after Democrat T.J. Cox took the lead for the first time since vote-counting began on the night of the November 6th midterms. Cox is now reportedly up by just 436 votes over Valadao with more than 110,000 tallied so far, in a district easily won by the Republican with a wide margin in 2016. If Cox' lead holds, as appears likely, the Democratic midterm "blue wave" is now on track to pick up a full 40 seats in the U.S. House this January.

In the meantime, Stacey Abrams, the Democratic gubernatorial candidate in Georgia gave up her hopes of defeating Republican Secretary of State and champion vote suppressor Brian Kemp over a week ago. But today, her new organization, Fair Fight Georgia, filed a federal lawsuit against the state over suppressive tactics and for paper ballots for all voters in future elections. She was then hectored by CNN's Jake Tapper about whether she believed Kemp's victory as Governor-elect was "legitimate". (It wasn't, as she suggests in her answers.)

While Abrams' complaint does not seek to overturn the Governor's race in Georgia, a separate lawsuit was filed on Friday -- the last day possible for a 2018 election contest in the state --- by the Coalition for Good Governance seeking to toss out the results of the Lieutenant Governor's contest. The central basis for the suit is the virtually inexplicable residual vote count (ballots where no vote was recorded) in the race. The anomaly occurs only in the Lt. Governor race, and only on votes cast via the state's 100% unverifiable touch-screen voting systems. Residual vote counts are as expected from hand-marked paper absentee and provisional ballots in the same race.

We're joined by plaintiff MARILYN MARKS, the Coalition's Executive Director, who explains how the undervote rate for Lieutenant Governor is far higher --- almost twice the rate --- than in contests that were much lower on the ballot, such as for Agriculture or Insurance Commissioner. The residual vote rate was also much higher than it was in the Lt. Governor's race during the 2014 election, when it was roughly along the lines of all the other races on the ballot that year.

"There was no meaningful drop-off at all if we just look at paper ballots. If you look at the mail-in ballots and provisional ballots, there was virtually no drop-off," Marks says. "So what this tells us is that the undervote is related only to the machine. Now please explain that!"

Marks, who says her group has obtained affidavits from voters who charge that a problem with the touchscreens prevented them from voting in the Lt. Governor's race, describes the potential explanations for this anomaly and suggests the suit may lead to an unprecedented forensic examination of Georgia's easily-hacked, oft-failed, unverifiable, Diebold touchscreen voting machines. Moreover, she notes, thanks to an earlier suit filed in federal court before the election, seeking to replace the state's touchscreens with hand-marked paper ballot systems --- the judge found the Diebold touchscreens unverifiable and dangerously insecure, but allowed their use for one more election anyway --- will be very helpful in illuminating the concerns outlined by the new complaint.

"There were innumerable reports of voters who didn't have this race show up on their electronic ballot," she tells me. "Some people in fact did find it on their review screen. For many voters, apparently, that's the first time they saw the Lt. Gov. race. In many cases, apparently, when they got to the review screen, staring at it, trying to get ready to make a correction --- without even touching the screen --- it automatically cast the vote and the message came up 'Thank you for voting, your vote was cast.'"

The state recently certified Republican Geoff Duncan as the winner over Democrat Sarah Riggs Amico by nearly 3.5 points in the race for Lt. Governor. In Georgia, the state's second highest executive official also serves as President of the state Senate, determining which initiatives are to be taken up for debate and possible passage by state lawmakers. Marks, a Republican who runs the non-partisan organization, also details her concerns that evidence of programming failure or manipulation from November 6th may have been destroyed, in apparent violation of Georgia's own election rules, when the machines were recently reprogrammed for the state's December 4th runoff elections for Secretary of State and Public Service Commissioner.

"They are absolutely violating their own law," says Marks. "Not only did we need those machines preserved for our court case --- the [separate] election security case that's in federal court --- but also we certainly need them in this new case that challenges the election results for the Lt. Governor's race. [We] said to the Sec. of State: 'Your rule, your own election code, says they cannot touch these machines, the internal memory, for one month if there is no election contest pending. Now there is an election contest pending. Obviously they are needed as evidence and the Secretary is continuing to take the position that over-writing the data, uploading new ballot programming for the Dec. 4th runoff, and putting these machines in unsecured voting places somehow does not make the internal memory data at risk."

On the topic of the GA SoS runoff next week, Marks also notes that the Democratic candidate John Barrow is strongly in favor of hand-marked paper ballots, where the Republican, Brad Raffensperger, is calling for unverifiable computer-marked/barcoded ballots instead.

All of these matters, including Abrams own lawsuit filed today, offer a chance for us to discuss the necessity of challenging insecure, non-overseeable voting systems before elections rather than after, which Democrats, she charges, failed to do this year in Georgia.

Finally today, we're joined by Desi Doyen for our latest Green News Report, with special coverage of the federal government's landmark National Climate Assessment released by the Trump Administration on Friday after Thanksgiving in hopes that few would notice its devastating warnings about the climate change threat to both the environment and the nation's economy...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: Who could have foreseen it? Oh, yeah, we did. For months. Years, actually. At this point, even decades. [Audio link to show follows below.]

American voters finally had their chance on Tuesday to respond to the ongoing, two-year national emergency precipitated by the 2016 election of Donald Trump and full Republican control of Congress. Control of the U.S. Senate, the U.S. House and dozens of governorships were up for grabs today. But Election Day 2018 was --- yet again --- marred by completely predictable disasters for voters, including hours-long lines and failing voting and registration computers at polling places across the country.

Today we cover just some of the worst reported messes (there are still more to come to light and many more that we simply couldn't get to)...

• In New York City, where paper ballot computer scanners failed leading to hours-long lines across city;

• In Georgia, where many voters in African-American precincts stood in line for hours due to failing electronic pollbook systems and too few 100% unverifiable touchscreen voting machines (amid the tight race between the vote-suppressing GOP Sec. of State and Gubernatorial candidate Brian Kemp and his African-American Democratic opponent Stacey Abrams);

• In North Carolina, where high humidity and a very long ballot reportedly prevented scanners from accepting them in a number of precincts in Wake County (Raleigh);

• In South Carolina, where oft-failed, 100% unverifiable touchscreen voting systems made by ES&S were reportedly flipping votes and officials were (outrageously) said to be making calibration adjustments to them in the middle of Election Day (a very dangerous idea!);

• In Kansas and Missouri where voters also reportedly fought with many problems, incluing long lines, voting systems that failed and poll workers unlawfully demanding Photo IDs to vote. In Kansas, Sec. of State and GOP "voter fraud" fraudster Kris Kobach is overseeing his own very tight race for Governor, and in Missouri, Democratic U.S. Senator Claire McCaskill is fighting for her life as Democrats hope to claw back a majority in the U.S. Senate or keep Republicans from expanding their current one.

Then, we're joined by Emmy award-winning journalist and documentarian LULU FRIESDAT with a troubling exclusive report for us out of Dallas County, Texas, amid the reportedly close contest for U.S. Senate between Republican incumbent Ted Cruz and his popular upstart Democratic challenger Beto O'Rourke.

Friesdat reports on two different serious concerns out of the Long Star State's second-most populous county, where numbers reported by the County's ES&S tabulators from the state's March primary are still not adding up correctly (yes, months later, questions are still emerging), and from the County's counting room, where a Texas election integrity group is reporting today that a computer in the tabulation facility appears to be hooked up to WiFi. That Friesdat tells me, is highly unlawful and potentially very troubling for a number of reasons.

"It is not okay for it to be around voting machines and tabulators, because that is one of the easiest ways for election results to be hacked," says Friesdat, who has been covering concerns about voting systems for many years now. "So there are usually very, very clear laws regarding internet connectivity or Wi-Fi in a tabulating area. And that is the case in Texas. They have laws that forbid Wi-Fi or connectivity." That, in a county where their vendor is ES&S, the nation's largest voting machine vendor, which recently lied to the New York Times about whether their systems include remote access software. (Turns out many of them do, but that's not what they initially told the Times, even as it still remains unclear which counties use ES&S systems with such capabilities, and even with cellular modems.)

Friesdat does close on a positive note, however, noting that many in the public are becoming aware of these concerns and that observations by the public are helping. "The more people get involved and keep looking, down to the nitty gritty, what's going on in your elections --- it's helping, folks! Keep it up!"

Finally, Desi Doyen joins us today for our latest Green News Report, with some bad news about plastic and the air we breathe, but some good news from the U.S. Supreme Court (believe it or not) and from the World Bank, which has now said it will no longer help finance coal-fired power plants anywhere in the world, because renewables are now cheaper than coal.

Results --- as reported...probably --- tomorrow...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: Nobody said it was going to be easy. But the fight to vote in next Tuesday's crucial midterms continues, and beyond the House and Senate, there may be some very good news for Democrats in dozens of currently GOP-controlled states. [Audio link to show follows below.]

But first up: More trouble at the polls today reported out of Texas, where voter intimidation is said to be higher than seen in decades; In Georgia, where voters are still trying to overcome suppression in absentee Vote-by-Mail voting in DeKalb County (suburbs east of Atlanta) and with failing, unverifiable voting machines at all polling places across the state; And in Illinois, where voters are also reportedly encountering failures on DuPage County's similarly unverifiable touchscreen voting systems in the Chicago suburbs.

Meanwhile, there's been a fair amount of coverage of high profile gubernatorial races with Democratic takeover chances in Florida and Georgia (where Oprah is now lending a hand), and in a number of the similarly tight U.S. Senate races that will determine partisan control of the upper chamber in Congress for the next two years. But there has been far less national coverage of several other gubernatorial contests around the country where Democrats are also in very close "Toss Up" contests to take control of dozens of executive mansions.

These races are crucial not only between now and the next Presidential Election, but could well determine control of the U.S. House over the next decade. That's right. The way voters vote on Tuesday, November 6, 2018, may well help determine who is in charge of the U.S. House beginning in 2022, once redistricting takes place around the country following the 2020 Census --- and then for another ten years thereafter!

While Dems hope to win a majority in the House next week, control of Governorships by Democrats in a number of key swing states could help add anywhere from 15 to 30 more winnable seats in the U.S. House over the next decade, according to experts.

Political reporter DYLAN SCOTT of Vox.com joins us to detail which states will be most important to that decennial reapportionment and why state Governors are so crucial to the process.

"Republicans won a lot of governor seats in 2010," he explains. "That gave them a lot of control over redistricting in 2011. And even though in 2012, 2014 and 2016, the Democrats actually won more votes for their House candidates across the country, the maps were drawn as such that Republicans were still able to hold a majority for all of the last decade. I think the stakes should be pretty clear to people after what we've seen with GOP control across the country over the last ten years," Scott argues. But are they? We discuss.

Also, Scott breaks down what appears to be a host of very good opportunities for Democrats in more than a dozen states beyond Florida and Georgia, currently controlled by GOP Governors, including Michigan, Wisconsin, Ohio, Iowa, Kansas, New Mexico, Maine, Alaska and even South Dakota! We cover a lot of ground on this today --- along with the politics and polling involved --- and much of it should be very encouraging for Democrats.

Finally, Desi Doyen joins us for the latest Green News Report, with news on some potential accountability for Donald Trump's corrupt Interior Department Secretary Ryan Zinke, more disturbing indications that the effects of global warming will be much worse, much sooner than previously thought, and more related news underscoring why Tuesday's election is so crucial to the existential fight against man-made climate change...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, the darkness continues, even as some rays of light appear in the electoral distance. [Audio link to show is posted below.]

On Monday, attorneys for one of three far-right militiamen convicted in a plot to bomb a Kansas apartment building that was home to over a hundred Somali Muslim refugees in late 2016, cited Donald Trump's anti-Muslim rhetoric during the President campaign as reason for shortening the man's life sentence. In sentencing documents, the lawyers charge that then-candidate Trump and videos from rightwing media personalities such as Fox News' Sean Hannity helped stoke their client's hatred "to 11".

On Tuesday, despite being told by victims' families, the city's mayor, and thousands of members of Pittsburgh's Jewish community that he was not welcome, Trump came to the city's grief-stricken Squirrel Hill neighborhood to visit the Tree of Life synagogue where 11 Jewish worshipers were gunned down during services on Saturday. Trump came to the city where he was not wanted today, even as the first funerals for victims got under way, because it reportedly fits in with his campaign schedule that otherwise includes political rallies around the country every day for the rest of the week until next Tuesday's crucial midterms.

The anti-Semitic, anti-immigration rightwinger charged in the Pittsburgh massacre had espoused anti-"globalist" rhetoric akin to those from the Trump fan charged last week with mailing bombs to more than a dozen top Democrats, philanthropists, media outlets and celebrities who had been vilified in recent months by the President. Both men had referenced the so-called Central American migrant "caravan" that Trump, Republican candidates and media outlets from the Right and non-Right have been focusing on over the past several weeks. The group of slowly walking refugees still remains some 1,000 miles from the U.S. border and is unlikely to arrive here for months, posing zero threat to the U.S. Nonetheless, on Monday, Trump ordered the immediate deployment of at least 5,200 more U.S. military troops to the border in advance of next week's election.

Despite the increasing wave of Rightwing violence, the President and the White House and Rightwing news outlets continue to cite the "caravan" as an existential threat. Former top Republican strategist Steve Schmidt unloaded on what has become of the GOP under Trump and the years-long barrage of Rightwing media propaganda. He describes "this whole caravan in the last week of the election" as "a giant lie" and as "Trump's Reichstag Fire".

We share the full, must-listen segment from his remarkable appearance on last night's All In with Chris Hayes on MSNBC, in which the former campaign chair for John McCain's 2008 Presidential run describes the GOP as having become no more than a "cult of personality...that is authoritarian in nature" and charges the "Rightwing propaganda machine industry" has "blood on their hands" after having "radicalized" those who are now committing violence against minorities and immigrants.

Then, just to lighten things up a bit, some election news out of Texas, where legal officials with the Beto O'Rourke (D) campaign tell me about their concerns regarding reports of votes flipping to Ted Cruz (R) on Democratic straight ticket ballots cast on 100% unverifiable Hart-Intercivic eSlate voting computers used across much of the state.

We've also got a bit of slightly brighter news from the Lone Star state, where threats of legal action have resulted in the expansion of early voting opportunities on the campus of Texas State University after students were turned away last week, and a rollback to new voter registration requirements recently imposed at the historically African-American Prairie View A&M University.

Finally, Desi Doyen joins us for the latest Green News Report with details on the serious environmental threat posed by this week's election of the hard-right Jair Bolsonaro in Brazil, and a number of important climate and environment initiatives that are on the ballot in several U.S. states on November 6th...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

After another long (though important) fund drive at KPFK, our Pacifica Radio Network flagship station here in Los Angeles, we're finally able to open the phones to hear from listeners on today's BradCast. [Audio link follows below.]

It's been a harrowing and deadly week --- and weekend --- filled with Rightwing hate and hate mongering (coincidentally, one week before Election Day for the most important election most of us have ever lived through). So, today we kick open the phones to callers on all of the above to get a sense of where things stand at this point and to help answer a bunch of questions about the crucial midterms.

Listeners ring in with questions about reported voting problems and voter suppression around the country and failing voting machines. Also, we discuss what voters can do beyond voting to participate in democracy over the next week or so.

And then there's the caller who rang in to explain why he says he has never voted, and doesn't plan to this year either. As you might imagine, both I, and a whole bunch of callers, have a few thoughts for that guy on today's program. Enjoy!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Among the many stories covered on today's BradCast, a bit more than one week from the crucial midterm Election Day. [Audio link follows below.]...

• A 56-year old white man from Florida, suspected of sending mail bombs to about a dozen perceived enemies of Donald Trump, is arrested and charged with federal crimes. To the surprise of absolutely nobody, the alleged MAGABomber, Cesar Sayoc, Jr. turns out to be a huge fan of Donald Trump. Attorney General Jeff Sessions fails to call it terrorism;

• In Tennessee, a state court rules in favor of voting rights advocates who sued to require Shelby County (Memphis) election officials to allow thousands of new registrants to cure any alleged omissions or errors on their voter registration applications through Election Day, and to allow those voters to vote on normal, not provisional, ballots. The Republican-majority commission in the very Democratic-leaning county, has said they would appeal the ruling. The matter could be crucial to the tight race for U.S. Senate between popular former Democratic Gov. Phil Bredesen and Republican Rep. Marsha Blackburn in the contest to fill the seat of retiring GOP Sen. Bob Corker;

• In Georgia, massive attempted voter suppression overseen by Republican Sec. of State and gubernatorial candidate Brian Kemp, should qualify the entire state as a crime scene, at this point. More troubling news along those lines today, as the DeKalb County Election Commission appears to have lost nearly 5,000 vote-by-mail applications. The Democratic Party claims they turned in 4,700 requests, but the County tells the NYTimes they only received 48! The potential disenfranchisement of thousands of voters could effect the tight gubernatorial race between Kemp and African-American Democrat Stacey Abrams. Given the massive suppression attempts in the state, I don't see how a Kemp victory could possibly be seen as legitimate;

• In Texas, amid the very tight U.S. Senate race between incumbent Republican Sen. Ted Cruz and his Democratic challenger Beto O'Rourke, many of the 100% unverifiable electronic voting machines used across the state are reportedly selecting Cruz during some attempts at straight ticket Democratic votes. State and county election officials confirm the problem with their voting systems made by Hart-Intercivic of Austin has existed for years. Nonetheless, they are blaming voters, rather than themselves or Hart, their private election vendor, for the failure. That, despite conceding that it is those systems, used in many TX counties, that are at the root of the problem for voters;

• Finally, we're joined by energy and politics writer DAVID ROBERTS of Vox.com, to discuss a very important initiative on the ballot in Washington state this year. Roberts explains Initiative 1631, which, if adopted on November 6th, would create a price for carbon pollution by creating a fee for the use of fossil fuels that cause global warming. The revenue raised by the measure would be used to fund key initiatives to improve the environment and help middle and lower income Americans. Roberts describes, as he recently wrote in much more detail, how the new initiative differs from the revenue-neutral carbon tax which failed at WA polls in 2016, and how the fossil fuel industry is spending tens of millions to crush this effort (just as they did in 2016).

  All of this on a week, which we also discuss, when Canadian Prime Minister Justin Trudeau has staked his 2019 re-election chances on a new national carbon tax and dividend policy. The politically courageous effort was announced this week, despite what is predicted to be a neck-and-neck contest next year with his Conservative Party opponent. The scheme would tax the use of fossil fuels and send all revenue from the measure straight back to Canadians each year in the form of a check.

  Expect to see many more such efforts both in North America and across the world, to place a price on carbon pollution, as the globe continues to warm while fossil fuel companies continue to pollute the atmosphere for free. As Roberts notes: "Civilization is on the line."

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: Like clockwork the righwing conspiracy theories regarding pipe bombs begin, as do the voting system failures around the country, less than two weeks before this year's crucial midterm election. [Audio link to show follows below.]

First up today, a few quick updates on the mail bombs sent to several of the many vilified political critics of Donald Trump. In addition to explosive devices sent this week to former President Obama, Hillary Clinton, Eric Holder, John Brennan, Rep. Maxine Waters, George Soros and CNN, additional similar packages were reported today to have been delivered to former Vice President Joe Biden and actor Robert DeNiro. Where Trump and the White House called for unity and an end to divisive rhetoric on Wednesday, for about 5 minutes, both Trump and WH Press Secretary Sarah Huckabee Sanders quickly renewed their vitriolic attacks on the media shortly thereafter and again on Thursday.

Also on Thursday, as investigators reportedly focus on Florida as a possible source for the packages, the rightwing quickly cranked up conspiracy theories about the explosive devices being "fake bombs" meant to discredit the President in advance of the November 6 midterms.

Meanwhile, voting is already underway for those elections, as are the lawsuits aiming to prevent voter suppression and election fraud. A federal judge on Wednesday determined that Georgia may not discard absentee ballots on the basis of "signature mismatch" as determined by partisan officials with no training in hand-writing analysis. The state's legal defense for that statute was rather amazing, as we discuss. Happily, it was thoroughly dismissed by the U.S. District Court judge.

Also, the NAACP has filed official complaints with the state regarding reports of votes flipping in at least four counties on the state's 100% unverifiable touchscreen voting systems. Votes are reportedly hopping repeatedly from Democratic gubernatorial candidate Stacey Abrams to her opponent, Republican Secretary of State Brian Kemp, who oversees and has long defended the states easily-hacked and oft-failed Diebold touchscreen systems. We explain, however, why the reported flips are not likely to be hacks, but why that also doesn't really matter.

Similar, completely predictable voting system and ballot programming failures are beginning to rear their ugly head in other states as well with early, in-person voting now underway in some 30 states. The name of the Democratic candidate for Secretary of State in Arkansas was discovered left off of the touchscreen ballots in one Arkansas county, leading to lost votes and poll closures. And in DuPage County, Illinois, a fiasco erupted this week surrounding the appearance on the ballot (or lack thereof) for a Democratic candidate for the state House of Representatives, resulting in election officials scrambling to distribute paper ballots to early voting locations where, normally, only touchscreen systems are available to voters.

We're joined today by longtime DuPage County election integrity champion and government watchdog JEAN KACZMAREK, who is now the Democratic candidate for County Clerk in DuPage. She joins us to explain what is only the latest mess in a years-long stream of computer voting and tabulation system boondoggles by the Election Commission in the heavily Republican-leaning suburban county west of Chicago, where she has now been endorsed by the local Daily Herald.

Kaczmarek also details the County's astonishing refusal to provide her with serial numbers for the replacement paper-ballot scanners scavenged from unknown sources and recently supplied to the County by its private voting system contractor to replace more than 100 of the machines (originally purchased from Diebold in 2001) after they were damaged by an astounding failure during this year's March primary. The County has told the County Clerk candidate that their refusal to provide her with the serial numbers --- so she may try and determine where the machines were previously used --- is due to a bizarre "security risk" claim.

"I'm concerned mostly because of the lack of a chain of custody. At least the old machines that are in DuPage County have been stored here, and have been maintained here. Yes, I do have issues with those machines, but we do have that," Kaczmarek tells me. "But these other machines, we have no idea where they've been, who has maintained them, how much mileage they have. And I'm concerned there might be problems on these machines, perhaps a virus."

Her concerns are not without warrant, and are similar to such replacement schemes by mystery machines in other states, such as Wisconsin and elsewhere. Earlier this year, for example, at the DefCon hacking conference in Las Vegas, attendees discovered Chinese pop tunes and other software on voting systems recently discarded by elections officials around the country. "Here we are again," she says. "We have no transparency and accountability, and we're told to trust the results."

Finally today, we're joined by Desi Doyen for our latest Green News Report, with a bunch of pretty major environment news regarding a massive hurricane striking U.S. territories in the Pacific, a record year for tropical cyclones, New York state's new lawsuit against ExxonMobil charging the company defrauded investors regarding climate change, and a landmark new carbon tax announced this week by Canadian Prime Minister Justin Trudeau...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

It was a dark day on Wednesday, but there were a few rays of light that managed to shine through anyway on today's BradCast. [Audio link to show follows below.]

We'll start here with the grim news. Pipe bombs were discovered to have been sent to perceived political enemies targeted by Donald Trump, including former President Obama, Hillary Clinton, former CIA Director John Brennan, former Attorney General Eric Holder, Congresswoman Maxine Waters and CNN. The explosive devices each appear to have been sent by the same person and follow on a similar one sent to Democratic Party funder George Soros earlier this week. All the intended targets have been widely derided for months, if not years, by Trump, Fox "News" and their many Republican followers.

Thankfully, nobody was hurt. But, as discussed today, the biggest surprise may be how long it has taken for something like this to happen, given the President of the United States --- and his fellow Republicans --- targeting their opponents and the corporate media as the "enemy of the people" with increasingly vitriolic attacks as the midterms approach.

Next up: Tens of thousands of voter registrations were recently rejected by Shelby County (Memphis), Tennessee election officials, with thousands more not yet even processed, even as Early Voting began in the state last week, and the November 6th midterms are now less than two weeks away. Moreover, many of those rejected voters haven't been notified and given a chance to cure the problem, in the very Democratic-leaning, majority-minority county.

The non-partisan Tennessee Black Voter Project, which submitted some 36,000 registration applications in recent months, has threatened the County with legal action. In turn, the County's Republican-led Board of Elections has blamed the Project for turning in a "staggering" number of registrations, many allegedly with what they claim to be errors or missing information. (The group is required to turn in ALL registration forms collected, whether or not they contain either major or minor errors when filled in by prospective voters.)

We're joined today by Shelby County Democratic Party Chair COREY STRONG to explain the hurdles that voting rights advocates there are now actively attempting to overcome, and the history of voter suppression that, he explains, African-American voters in Memphis continue to face this year.

He charges that local officials are disenfranchising minority voters. "We have a history of our Election Commission in Shelby County not necessarily taking it upon themselves to really uphold the values of fair and just elections," he tells me. "If all of the issues end up affecting one side --- the Democratic, urban, poor, minority voters --- then you have to start asking questions, and somebody's got to be held accountable."

The battle on behalf of Shelby County voters comes amidst a reportedly very tight U.S. Senate race between popular Democratic former Governor Phil Bredesen and Republican Rep. Marsha Blackburn, in the contest to fill the U.S. Senate of retiring GOP Sen. Bob Corker. The strongly "blue" county (which went to Clinton by 30 points in 2016 in a state that went to Trump by 25 points) is "very pivotal to statewide elections," Strong explains. In this case, it's central to the state's Senate race as well as Democratic hopes of gaining control of the upper chamber and Republican efforts to hold on to their thin majority.

Strong also discusses concerns about problems during Early Voting, the failure and dangers of electronic pollbooks used across state, and the 100% unverifiable touchscreen voting systems that voters in Memphis are still forced to use to cast their votes at the polling place

But, as noted, we do have a few rays of encouraging news on today's show as well!

On Wednesday, a federal judge ordered an injunction on Georgia's rejection of absentee ballots from disproportionately African-American voters. The rejections are said to be based on ballot signatures that allegedly do not match ones voters' signatures on file. The court found [PDF] voters were being disenfranchised by the scheme that allowed partisan, non-handwriting expert election officials to discard ballots without allowing voters an opportunity to cure any suspected problems on their mail-in ballot envelopes. According to several voting rights groups who sued Republican Sec. of State and gubernatorial candidate Brian Kemp, today's ruling is a big victory amid Kemp's tight race for Governor against African-American Democrat Stacey Abrams.

And, in a bit more good news today, the New York Attorney General, following a three-year investigation, has filed suit against ExxonMobil for an alleged "longstanding fraudulent scheme" to defraud shareholders by publicly downplaying --- and spending millions to deny and confuse the public about --- the serious risks that climate change poses to the company's bottom line. The suit could cost the company hundreds of millions, if not more, and expose Exxon to additional litigation elsewhere. According to the complaint, while publicly claiming concern about global warming as caused by their products in recent years, the company “employed internal practices that were inconsistent with its representations, were undisclosed to investors, and exposed the company to greater risk from climate change regulation than investors were led to believe"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: Debunking the myth of "secure" Internet Voting schemes --- even with "blockchain" technology --- as West Virginia allows overseas military voters to use their mobile phones to vote for the first time in a general election. What could possibly go wrong? [Audio link to show follows below.]

But first up today, plenty is already going wrong for voters hoping to participate in midterm elections, whether via hand-marked paper ballot or, as in Georgia, where early voting began this week, on 100% unverifiable touchscreen voting systems at the polling place. We've been closely following voting in the Peach State recently, given the many voter suppression schemes that have come to light in the state this year, such as the recent purging of hundreds of thousands of voters from the rolls, the suspensions of more than 50,000 registrations for failing to exactly match names or addresses, down to the letter or punctuation, and an abnormally high rate of rejected absentee mail-in ballots.

Thus, it was disturbing to see a busload of elderly African-Americans from a county-run senior center blocked from voting on Monday (someone didn't like the "Black Voters Matter" bus they were using) in Jefferson County, and three-hour long lines to vote near Atlanta, on just the third official day of advance voting in the state. While some may see the reportedly huge early turnout as good news, there are also reasons to be concerned that state election officials, led by Republican Sec. of State and Gubernatorial candidate Brian Kemp, are under-prepared for what could be enormous turnout on Election Day. Several new lawsuits have now been filed against Kemp charging racially discriminatory election practices, as his race for Governor against Democrat Stacey Abrams, an African-American, is believed to be very tight.

Meanwhile, in North Dakota, Native American voting rights advocates say they will be posted outside of polling places with laptop computers in hand, ready to assign official addresses and new Tribal IDs to thousands of Native Americans who will now not otherwise be allowed to vote. The effort is in response to a U.S. Supreme Court ruling last week which permitted a last minute change to ID requirements sought by state Republicans hoping to unseat Democratic U.S. Senator Heidi Heitkamp this year. Some 5,000 voters who live on tribal reservations using P.O. boxes, rather than street addresses, are now blocked from voting under the new law, enacted in the wake of Heitkamp's 2012 victory by less than 3,000 votes.

But in West Virginia, officials believe they've got a sure-fire way to make sure overseas military voters are able to cast votes this year: Internet Voting via smartphone! The state is the first in the nation to allow such voters to cast a ballot via smartphone --- on a mobile app called Voatz, created by a private Boston-based technology firm --- in a live (and crucial!) general election. But, don't worry! The state and the Voatz company are quick to claim that their scheme is completely secure, since it "employs blockchain technology to ensure that, once submitted, votes are verified and immutably stored on multiple, geographically diverse verifying servers."

Blockchain, in short, is a widely distributed public ledger, or database, that is used to track Bitcoin and other cryptocurrencies. But, as long time voting system expert and Internet Voting critic DR. DAVID JEFFERSON of Livermore National Laboratory and of Verified Voting explains on today's show, the technology solves none of the many problems with using the Internet to cast votes in American elections, as he recently detailed at the non-partisan Verified Voting site.

Jefferson, an internationally recognized expert on voting systems and elections technology, has spent much of the past two decades advising five successive California Secretaries of State on voting technology. He has also been instrumental in helping to block a number of attempted Internet Voting schemes, including one he helped analyze (and stop in its tracks) as devised by the Pentagon during the George W. Bush era.

Today, he explains why use of blockchain technology, which he describes as a "fad", fails to make the Internet any more secure or auditable when it comes to American democratic elections. "All of the most serious threats to Internet voting occur before the ballot even ever gets back to the database or the blockchain," he tells me, detailing how malware on smartphones can change votes, how the authentication of the voter is also endangered by the use of such schemes and how, despite claims to the contrary by advocates of such technologies, the accuracy of results based on votes cast via the Internet can never be audited by the public after an election.

He's hardly the only technologist to decry the scheme. TechCrunch for example, recently called the Voatz app "a terrible, horrible, no-good, very bad idea", and Vanity Fair cited experts who describe the plan as a "horrifically bad idea". But, none of that has stopped either WV or Voatz from pressing ahead, even with this year's midterms (and potentially control of the U.S. House and Senate) on the line.

"The blockchain back end of it doesn't do anything more to secure an election than any of the other technologies do," Jefferson argues. "It doesn't even play a role until the very last stage of balloting --- after you've authenticated yourself, after you've made your ballot choices, after you've transmitted them back, only then does the blockchain play any role." And by then, he says, your vote may have been tampered with, and it's unlikely that you or anybody else would ever know.

"What if there is malware on the phone or the computer that the person is voting from? Malware that is exposing the person's vote to some third party, or is modifying the vote, or is just throwing the vote away without telling the voter, making him think he's voted but he hasn't voted. That malware is not affected by, and cannot be detected by, the blockchain or the back end at all."

"That vote may be blocked or thrown away, or otherwise disturbed by a denial of service attack, for example, on the server. A blockchain server is no more invulnerable to a denial of service attack than any other service," he warns, adding "there just isn't any possibility of auditability in any online voting system, and blockchains don't change that fact."

Jefferson's preferred technology for elections: "Hand-marked paper ballots." He details why on today's program, and also notes that newer technologies, such as Ballot Marking Devices (BMDs) that require voters to use touchscreen computers to print out their selections on a paper ballot --- which many jurisdictions (including Los Angeles, the largest in the nation) are moving towards --- present similar dangers when it comes to the authentication and public auditability of election results.

"I endorse your idea that if you're going to vote in person at the precinct, the best system is to use is hand-mark a paper ballot," he explains near the end of our conversation, allowing --- as I do --- that some voters may need assistive technology to vote, but that most voters do not. And worse, as we saw today at early voting cites near Atlanta, when computers are needed to vote, it can result in long lines and suppressed votes at the precinct.

"Only three or four voters per precinct can be voting simultaneously when you only have three or four ballot marking devices. With hand-marked paper ballots, you can get twenty voters voting in parallel if you have cardboard privacy booths around, and twenty cheap pencils. There are far fewer lines built up, and the cost is so radically reduced."

Finally today, a word or two from some older voters who would really REALLY prefer if young people did not bother to vote at all this year...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, the GOP's far-right take-over of the U.S. Supreme Court for generations --- including one blatantly stolen seat and two men accused of sexual misconduct and/or assault --- is now all but complete, and we discuss an upcoming SCOTUS case that some have cited as reason for the Trump/GOP panic to get their man on the bench as soon as possible. [Audio link to show is posted below.]

On Friday, the four theoretically previously-undecided U.S. Senators announced how they planned to vote on the confirmation of accused sexual assaulter and confirmed liar Brett Kavanaugh for his lifetime appointment to SCOTUS. Republican Sen. Lisa Murkowski of Alaska announced her intention to vote against him, while Republicans Susan Collins of Maine, Jeff Flake of Arizona and Democrat Joe Manchin all declared they will vote in favor of the most contentious nominee to the high court, perhaps in U.S. history. We discuss what all of that means today, moving forward, as the far-right cements its stolen majority. As you might imagine, both Desi and I have some thoughts on all of that today.

Then, we're joined by legal historian and Fordham Law School professor JED SHUGERMAN, author of The People's Courts, to discuss the upcoming Supreme Court case that many Trump opponents have cited in recent days as one of the explanations for Republicans' apparent panic to seat Kavanaugh on the Court as quickly as possible. The case, Gamble v. U.S., involves what some on both the Right and civil libertarian Left consider to be unconstitutional double jeopardy regarding an Alabama man who was convicted at both the state and federal levels for unlawful possession of a firearm. Some Trump critics have suggested, depended on how its decided, that the case could result in states being barred from prosecuting Donald Trump, his associates, or his family members in the event that they are pardoned at the federal level.

Shugerman --- who was one of more than 2,400 legal professors to sign on to a recent letter published by the New York Times calling on the Senate to reject Kavanaugh's nomination due to his lack of appropriate judicial temperament --- explains why he believes the Gamble case poses no threat to state prosecutions of Trump and/or his associates, nor to Special Counsel Robert Mueller's investigation and prosecution of Team Trump.

He also explains today why he signed the public letter opposing Kavanaugh, how it now may affect lawyers who signed it when arguing cases before Justice Kavanaugh, why he believes the GOP has been in such a hurry to seat Kavanaugh, and the "completely unprecedented" public opposition to him by former Supreme Court Justice John Paul Stevens.

Shugerman also describes some of his major concerns for the Court once Kavanaugh is finally in place: how Chief Justice John Roberts is going to be forced to deal with it. "How is he going to manage this explosive controversy and the unprofessional conduct, the injudicious conduct, of Judge Kavanaugh? How will he restore consensus to this Court? How will he manage Judge Kavanaugh, given that he should have reason to fear that Judge Kavanaugh cannot be balanced, and won't be perceived to be balanced when he's on the Court?"

Finally today, some listener mail regarding more voter registration problems via the vote.org service (we recommend registering either in-person or via your Sec. of State or County website, rather than via third-party app, is possible); the first reports of 100% unverifiable touchscreen vote-flipping in the general election (in the very close U.S. Senate race in Missouri between Democratic Sen. Claire McCaskill and her GOP challenger Josh Hawley); and Willie Nelson's new song, Vote 'em Out!, debuted for the first time at last weekend's 55,000-person rally in Texas, in support of Democratic Congressman Beto O'Rourke's surging campaign against Lone Star State Republican Sen. Ted Cruz...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

We work hard on today's BradCast to stay focused on the crucial upcoming elections, even as Brett Kavanaugh's cavalcade of shame continues in D.C. [Audio link to full show posted below.]

Senate Republicans intensified their push for a floor vote as soon as possible, even as reports persist that the FBI is either refusing or failing to interview dozens of witnesses in their supplemental background probe of Kavanaugh following sexual assault against the U.S. Supreme Court nominee. At the same time, former classmates and clerks of Kavanaugh are retracting previous support for him, and three key Republican Senators (Flake, Collins and Murkowski) gently rebuked Donald Trump on Wednesday for mocking Kavanaugh's first accuser, Dr. Christine Blasey Ford, at a campaign rally in Mississippi on Tuesday night.

Amidst that circus, it's no easy feat to stay focused on the crucial upcoming midterm elections. But we try. And so are an extraordinary number of Americans. Today we learn that last week, on National Voter Registration Day, more than 800,000 signed up to vote, stunning organizers and smashing the previous record of 771,000 who registered on National Voter Registration Day in 2016, before the Presidential election.

But, even with all of the apparent enthusiasm, will all of those new and previous voters be allowed to vote this year? If so, will their votes be counted, tallied accurately, and in a way that the public can know they have been tallied accurately? In recent days, corporate media --- right on schedule --- has suddenly begun to churn out articles questioning the accuracy and security of our wildly insecure and frequently inaccurate electronic voting and tabulation systems...once its largely too late to do much about any of it, just weeks before an election. (That, of course, is why we have been trying to do so year 'round over the past 15 years!)

The corporate election vendors who have been allowed to privatize our public elections with systems that have long ago (over a decade ago) been found to be easily hacked --- and which have failed in election after election --- continue to sell their flawed systems to officials and offer false claims about security to the public.

One of those companies, Election Systems & Software, LLC (ES&S), the nation's largest voting system vendor, has now threatened a lawsuit against a small, non-profit election transparency organization which has been fighting to encourage election officials to take advantage of a security setting available on newer models of paper ballot scanners made by ES&S and others. The group, AUDIT-USA, has been sent a cease and desist letter [PDF] by ES&S corporate attorneys objecting to the organization posting user manuals for their scanners that capture digital images of ballots when they are scanned. The group has been working to encourage states and counties to make sure those which use the newer systems have them set to retain all such ballot images so they can potentially be reviewed by the public after an election. That, in lieu of the public being allowed to examine paper ballots themselves in order to assure unverified computer-tabulated results are accurate.

We're joined today by long-time election integrity champion EMILY LEVY of AUDIT-USA and their long-time election attorney CHRIS SAUTTER of American University, to discuss the ES&S threat letter sent to the group last week, charging copyright infringement for making their instruction manuals available to the public. The letter, as we discuss, fails to even cite security concerns. Levy notes the irony in this case, given that AUDIT-USA is actually supporting the newer ES&S systems for their security feature that many election officials appear unaware of.

"What we've found from talking to election officials around the country is that a lot of them don't really understand the systems that they're using in their own counties," Levy tells me. "They don't understand why they need ballot images when they have the paper ballots. And they don't understand that, in order to preserve the ballot images, all they need to do is not change the settings that the machines come with. The default settings on the machines are to preserve the ballot images, and it's only by having someone --- whether a vendor working for them or elections officials themselves --- changing those settings that the ballot images get destroyed.

"So we want people to understand both the importance of the ballot images and preserving them --- that it's legally required to preserve them, just as it is to preserve all election materials. And that's it's not a difficult thing to do."

Sautter argues the information in question, as posted to their website, is in the public interest and, therefore, falls under the Fair Use Doctrine. "Cease and desist letters like the one that ES&S sent AUDIT-USA are a common form of intimidation," he says. "These companies have a lot of money, and sometimes they figure, well, we can overpower them, we'll file this lawsuit and we'll try to break this little non-profit in attorneys fees and we'll set an example."

As we also discuss, threats of lawsuits by voting system vendors against voting system experts and computer scientists have been going on for years (here's The BRAD BLOG exclusive from 2008 that I cite on the show), even as tax payers continue dolling out billions of dollars to these shameless and irresponsible private companies...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Voting is now officially under way in the 2018 midterm general elections, as Early Voting finally began on Friday in Minnesota and South Dakota and, very shortly, in at least half a dozen other states around the country in advance of Election Day on November 6th. Voting, however, will not be nearly as simple and verifiable for voters in Georgia, as we discuss in some detail on today's BradCast. [Audio link to complete show is posted below.]

Meanwhile, as media continue to focus on the extraordinary allegation of sexual assault against U.S. Supreme Court nominee Brett Kavanaugh (and Trump's new response to them), as made by Palo Alto University psychology professor Christine Blasey Ford, and whether or not she will appear to give testimony about it to the U.S. Senate Judiciary Committee next week, the continuing danger and toxic fallout from Hurricane Florence continues in both North and South Carolina a full week after the storm first made landfall. An urgent warning Thursday from Duke Energy about the imminent rupture of a giant holding pond reservoir where toxic coal ash waste is stored became a reality on Friday. At the same time, the human death toll from the storm rose to at least 42, with new evacuations called for in South Carolina on Friday due to still-rising rivers as thousands remained dislocated or without power in North Carolina.

Next, we move to the shameful situation in Georgia, just weeks out from the crucial midterm elections, where Sec. of State Brian Kemp --- the Trump-endorsed Republican who is running for Governor this year against Democratic nominee Stacey Abrams --- is allowing inaccurate voter registration forms, falsely instructing first-time voters that they must mail in proof of residence when registering, to be used across the state.

Even more disturbing is the fact that Peach State voters will be forced, once again, to vote on 100% unverifiable touchscreen voting systems on Election Day, despite a U.S. District Court Judge finding them this week to be "unverifiable" and featuring "serious vulnerabilities" which are "not just a theoretical, paranoid notion at this point," as defendants in the case, including Kemp, had argued in court. Nonetheless, in response to a motion filed by plaintiffs seeking to force the state to allow Election Day voters to use the same hand-marked paper ballots used for absentee voting for years across the state, Judge Amy Totenberg is allowing GA's unsecurable and unverifiable 16-year old Diebold touchscreen voting machines to be used yet again this November. In her ruling [PDF], she cites defendants' claims of "chaos" and forced poll closures they threatened would ensue if hand-marked paper ballots were ordered for use at polling places this year.

We're joined today by longtime Election Integrity advocate and one of the plaintiffs in the GA case, MARILYN MARKS of the Coalition for Good Governance, to discuss this week's ruling and Kemp's disingenuous defense of his indefensible voting systems.

"The defendants put the judge in a very difficult place because they essentially threatened that they would sabotage the election. They didn't really use those words, but they said, 'We're going to shut down early voting locations in Fulton County'. Fulton County [Atlanta] has 21 early voting locations. They said 'We'll go down to three'. In their briefing, they said they'd go down to one. They also said they may close Election Day polling places if she were to require them to go to a paper ballot," Marks tells me. "And so the vast majority of Georgia's voters are going to vote on what the judge has basically said is going to be an unconstitutional system."

"The court was already very well aware of the science, and she was quite aware of the lack of any effort, and lack of any science, and lack of any expert testimony put on by the defendants. So I think that her decision didn't rest on the science. It was this whole threat of chaos."

Moreover, she says, the state has also falsely claimed that counties were required to use the unverifiable touchscreen systems. "The state not only had been saying it was required by state law, but they had threatened the counties who began to recognize it wasn't required by state law, and that the counties, local authorities, have the ability, on their own, to go to paper ballots. The Secretary of State has been threatening them, telling them 'No, you do not have that authority.' They even told the press that they would punish counties that went to paper ballots."

While Marks, who is a Republican herself, reports the multi-partisan plaintiffs are justifiably disappointed in the court's ruling for the short term, she also details several key findings from the ruling which will be important to the continuing efforts both in this case and other federal challenges like it around the country. Among the favorable finding are that plaintiffs do, in fact, have Constitutional standing to challenge such voting systems in federal court, and that "further delay", according to Judge Totenberg, in moving the state to a verifiable voting system after this year's elections, is "not tolerable".

"The important thing here," Marks explains, is that the judge "said that we were likely to prevail on the merits as we move forward in this case, and our claims are related to constitutional claims. And that is what the scholars, the lawyers, the election advocates across the country are recognizing as such a very important finding in the ruling she has made here. That we are likely to prevail in our argument that this is an unconstitutional system, when the voters cannot rely on an auditable, verifiable system."

Marks also explains one moment from the hearing where she said she thought later: "Man, I'm glad Brad isn't here to hear this, or his head would have exploded." My head subsequently explodes when she relays the story and for much of the rest of my interview today.

While Abrams, Kemp's African-American opponent in the Gubernatorial election, is calling for voters to cast hand-marked paper absentee ballots this year to increase the likelihood of them being accurately tallied, Marks explains why she is not certain that is actually a better option for voters in the state. She details the Catch-22 that GA voters are once again facing, not unlike the Catch-22 Judge Totenberg said she found herself in while deciding how to rule on plaintiffs' motion this week.

And again, my head explodes...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, things are not looking good for Republicans and Donald Trump's second nominee to the U.S. Supreme Court. [Audio link to show is posted below.]

But, first up, before we get to our guest today, a quick update on the damage wrought by Hurricane Florence on the East Coast and the huge expected costs for rebuilding that is being exacerbated by Trump's trade wars, including his announcement on Monday that the Administration is imposing a 10% tax (which may be raised to 25% next year) on another $200 billion worth of Chinese imports. That, home construction experts in the Carolinas charge, will raise the costs of rebuilding and repairs following the damage from the record rainfall and flooding of Florence, as it continues to wreak havoc and death on the East Coast.

Then, late last night, a federal court in Georgia issued a ruling, following a full hearing last week, on the Motion for Preliminary Injunction filed by the non-partisan Coalition for Good Governance, seeking to force the state to switch from the unsecurable, 16-year old, 100% unverifiable touchscreen voting systems used in all precincts across the state, to the hand-marked paper ballot systems already used by every county for absentee voters. While U.S. District Court Judge Amy Totenberg made clear [PDF] she was very sympathetic to the concerns of the plaintiffs --- and that they have the legal standing to sue --- she appears to have bought into the defendants argument that a switch to paper ballots this late before the November midterms would result in chaos at polling places.

Next, the Republican panic to save the U.S. Supreme Court nomination of Judge Brett Kavanaugh before the November midterms continues to evolve by the hour, on the heels of the revelation of the allegation by Palo Alto University psychology professor Christine Blasey Ford that Kavanaugh and a friend by the name of Mark Judge sexually assaulted her during a party more than thirty years ago when they were all high school students. Kavanaugh denies the allegation completely, says neither the attempted rape nor anything like it ever happened, and that he was never at the party in question (even though Ford hasn't identified the specific party).

We're joined by Salon and Hullaballoo's HEATHER DIGBY PARTON today to try and make sense of the charges, the GOP's ham-handed response to it, Kavanaugh's ugly history as a Republican operative, and the newly announced hearing scheduled by Senate Republicans in the Judiciary Committee for next Monday. The Committee's chair Chuck Grassley (R-IA) insists that only Kavanaugh and Ford will be allowed to testify, even before there has been an FBI investigation of the charges and, apparently, before Grassley even bothered to hear back from Ford as to whether she's willing or able to show up.

"The idea that they're saying, 'Oh, we have to hurry up, there's a deadline on this,' it's an arbitrary one," says Parton. "And they're trying to say now that 'this accuser, this alleged victim, if she doesn't show up at a moment's notice, sorry, there's nothing we can do about it, what choice do we have but to put an accused sexual assaulter on the Supreme Court?' It's absurd on its face."

With Kavanaugh's complete denials, the matter is no longer really even about a sexual assault 36 years ago. It's about a nominee for a lifetime appointment to the highest court in the land seemingly lying about it today. Can this nomination even survive at this point...much less make it to Monday?! We discuss.

Finally today, Desi Doyen joins us for the latest Green News Report with more news on the ongoing fallout from the deadly Florence, the even larger and deadlier Typhoon Mangkhut currently ravaging The Philippines and China, and an update on the chain of natural gas pipeline explosions in dozens of homes near Boston late last week...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)